Admissibility of biometric data processing by employers: Model and practical approach

Abstract

The article is an attempt to indicate solutions that should be used as part of employers’ decisions on the processing of biometric data. Combining the processing of biometric data with monitoring is, on the basis of the solutions resulting from the GDPR and national law, extremely complicated. Meeting all the conditions necessary to legalize such a data processing process is, at least in principle, possible only in a very limited number of cases and each time requires an individual admissibility analysis. In judicial decisions, attempts have been made recently to reinterpret the previously extremely restrictive approach to the processing of biometric data.